X v Y
[2023] EWHC 3170 (Fam)
D & E (Children: Assessment and Management of Risk), Re
2 July 2024
[2024] EWFC 162
Family Court
A dad hurt his wife and kids are caught in the middle. The judge says the little girl doesn't want to see her dad right now because of all the fighting. The dad can't make the court do things for a while, and the mom gets to make decisions about the girl without him. The older kid is almost grown up and can decide what he wants.
Key Facts
- •Long-running case (since October 2019) involving two children, D (17) and E (nearly 9), and their parents.
- •Recorder Moys' 2022 judgment found the father guilty of serious domestic abuse, including forced sexual intercourse and assault, against the mother.
- •In June 2023, D moved to live with his father, leading to further applications.
- •The mother seeks to restrict the father's contact with E and prevent further applications.
- •The father denies the findings and seeks contact with E and unrestricted sibling contact.
Legal Principles
Children's welfare is paramount.
Children Act 1989, s.1(1)
Presumption of parental involvement furthering child welfare, unless contrary shown.
Children Act 1989, s.1(2A)
Positive obligation to promote contact, but not absolute; termination only in exceptional circumstances.
Re C (Direct Contact: Suspension) [2011] 2 FLR 912; Re W (Direct Contact) [2013] 1 FLR 494; Re J-M (A Child) [2014] EWCA Civ 434
Welfare checklist in s.1(3) Children Act 1989 applies to all orders.
Children Act 1989, s.1(3)
Guidance on domestic abuse and child arrangements.
FPR 2010 PD12J
Section 91(14) orders to prevent further applications without leave; considerations include risk of harm.
Children Act 1989, ss.91(14), 91A; FPR 2010 PD12Q
Prohibited steps orders are statutory restrictions requiring objective evidence and good cause.
In Re C (Due Process) [2014] 1 FLR 1239; Re B and Another (Change of Names) [2018] 1 FLR 1471
Restricting parental responsibility to protect applicant parent and children.
F v M [2023] EWFC 5; Sheikh Mohammed v Princess Haya [2021] EWHC 3480 (Fam)
Restrictions on information access from health and educational authorities to safeguard child welfare.
Re A & B (Children) [2016] 2 FLR 977
Outcomes
No direct contact between E and her father; indirect contact (letters, cards, gifts) allowed.
E's current wishes, mother's distress, and risk of harm from father's influence outweigh benefits of direct contact.
Section 91(14) order preventing father from making further applications without leave for 2 years (for E) and until D's next birthday (for D).
To protect children from ongoing litigation and its impact on adults; time-limited to provide respite and safe space.
Prohibited steps/specific issue orders restricting father's involvement in E's health and education decisions (until expiration of s.91(14) order).
To protect mother from father's potential controlling behaviour and its impact on E.
No prohibited steps order preventing father from removing children from jurisdiction.
No evidence of flight risk.
Mother to return D's Iranian passport; no order on chattels.
Practical resolution to avoid prolonged litigation.
All existing contact orders for D discharged.
D's age and autonomy; increasing responsibility.
No sibling contact ordered.
E's current wishes, risk of father's indirect influence, and potential harm outweigh benefits.